2nd Session, 35th Parliament,
45-46 Elizabeth II, 1996-97

The House of Commons of Canada

BILL C-97

An Act to amend the Canada Labour Code (Part II) in respect of occupational health and safety and to make consequential amendments to other Acts

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. L-2; R.S., cc. 9, 27 (1st Supp.), c. 32 (2nd Supp.), cc. 24, 43 (3rd Supp.), c. 26 (4th Supp.); 1989, c. 3; 1990, cc. 8, 44; 1991, c. 39; 1992, c. 1; 1993, cc. 28, 38, 42; 1994, cc. 10, 41; 1996, cc. 10, 11, 12, 18, 31, 32; 1997, c. 9

CANADA LABOUR CODE

R.S., c. 9 (1st Supp.), s. 1

1. The heading of Part II of the Canada Labour Code is replaced by the following:

OCCUPATIONAL HEALTH AND SAFETY

R.S., c. 9 (1st Supp.), s. 1

2. (1) The definitions ``regional safety officer'', ``safety and health committee'', ``safety and health representative'' and ``safety officer'' in subsection 122(1) of the Act are repealed.

R.S., c. 24 (3rd Supp.), s. 3(1)

(2) The definition ``substance hasardeuse'' in subsection 122(1) of the French version of the Act is repealed.

R.S., c. 9 (1st Supp.), s. 1

(3) The definition ``danger'' in subsection 122(1) of the Act is replaced by the following:

``danger''
« danger »

``danger'' means any hazard, condition or activity that could reasonably be expected to cause injury or illness to a person exposed to it before the hazard or condition can be corrected, or the activity altered, whether or not the injury or illness follows immediately on the exposure to the hazard, condition or activity;

1993, c. 42, s. 3

(4) The definition ``prescribe'' in subsection 122(1) of the English version of the Act is replaced by the following:

``prescribe''
« règlement »

``prescribe'' means prescribe by regulation of the Governor in Council or determine in accordance with rules prescribed by regulation of the Governor in Council ;

(5) Subsection 122(1) of the Act is amended by adding the following in alphabetical order:

``appeals officer''
« agent d'appel »

``appeals officer'' means a person who is designated as an appeals officer under subsection 145.1(1);

``health''
« santé »

``health'' means the absence of injury or physical or mental illness arising out of, linked with or occurring in the course of employment, other than the effects of ordinary work place stress;

``health and safety officer''
« agent de santé et de sécurité »

``health and safety officer'' means a person who is designated as a health and safety officer under subsection 140(1);

``health and safety represen-
tative''
« représen-
tant »

``health and safety representative'' means a person who is appointed as a health and safety representative under section 136;

``policy committee''
« comité d'orienta-
tion »

``policy committee'' means a policy health and safety committee established under section 134.1;

``regional health and safety officer''
« agent régional de santé et de sécurité »

``regional health and safety officer'' means a person who is designated as a regional health and safety officer under subsection 140(1);

``safety''
« sécurité »

``safety'' includes the absence of danger and hazards arising out of, linked with or occurring in the course of employment;

``work place committee''
« comité local »

``work place committee'' means a work place health and safety committee established under section 135.

(6) Subsection 122(1) of the French version of the Act is amended by adding the following in alphabetical order:

« substance dangereuse »
``hazardous substance''

« substance dangereuse » Sont assimilés à des substances dangereuses les agents chimiques, biologiques ou physiques dont une propriété présente un risque pour la santé ou la sécurité de quiconque y est exposé, ainsi que les produits contrôlés.

3. The Act is amended by adding the following after section 122.1:

Preventive measures

122.2 When possible, preventive measures should consist first of the elimination of hazards, then the reduction of hazards and finally, the provision of personal protective equipment or clothing, all with the goal of ensuring the safety of employees.

Methods of Communication

Methods of communica-
tion

122.3 (1) A direction, a notice, information, an instruction or training that is required to be given to employees under this Part shall be given to an employee with a special need by any method of communication that readily permits the employee to receive it, including braille, large print, audio tape, computer disk, sign language and verbal communication.

Meaning of ``special need''

(2) For the purposes of this section, an employee has a ``special need'' if the employee is affected by a condition, not including illiteracy or a lack of understanding of English or French, that impairs their ability to receive a direction, a notice, information, an instruction or training given in a method that would otherwise be sufficient under this Part.

R.S., c. 9 (1st Supp.), s. 2

4. Subsection 123(2) of the Act is replaced by the following:

Application to public service of Canada

(2) This Part applies to the public service of Canada and to persons employed in the public service of Canada to the extent that it is made applicable under section 11 of the Financial Administration Act.

R.S., c. 9 (1st Supp.), s. 4, c. 24 (3rd Supp.), s. 4; 1993, c. 42, s. 4(F)

5. Sections 124 and 125 of the Act are replaced by the following:

General duty of employer

124. Every employer shall ensure that the health and safety at work of every person employed by the employer is protected.

Specific duties of employer

125. (1) Without restricting the generality of section 124, every employer shall, in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls that activity ,

    (a) ensure that all permanent and temporary buildings and structures meet the prescribed standards;

    (b) install guards, guard-rails, barricades and fences in accordance with prescribed standards;

    (c) investigate, record and report in the manner and to the authorities as prescribed all accidents, occupational diseases and other hazardous occurrences known to the employer;

    (d) post at a place accessible to every employee and at every place directed by a health and safety officer

      (i) a copy of this Part,

      (ii) a statement of the employer's general policy concerning the health and safety at work of employees, and

      (iii) any other printed material related to health and safety that may be directed by a health and safety officer or that is prescribed;

    (e) make readily available to employees for examination, in hard copy or electronically, a copy of the regulations made under this Part;

    (f) if a copy of the regulations is made available electronically, provide appropriate training to employees to enable them to have access to the regulations and, on request of an employee, provide a hard copy of the regulations ;

    (g) keep and maintain in prescribed form and manner prescribed health and safety records;

    (h) provide any prescribed first-aid facilities and health services;

    (i) provide prescribed sanitary and personal facilities;

    (j) provide, in accordance with prescribed standards, potable water;

    (k) ensure that the vehicles and mobile equipment used by the employees in the course of their employment meet prescribed standards;

    (l) provide every person granted access to the work place by the employer with any prescribed safety materials, equipment, devices and clothing;

    (m) ensure that the use, operation and maintenance of

      (i) every boiler and pressure vessel,

      (ii) every escalator, elevator and other device for moving passengers or freight,

      (iii) all equipment for the generation, distribution or use of electricity,

      (iv) all gas or oil burning equipment or other heat generating equipment, and

      (v) all heating, ventilation and air-conditioning systems

    are in accordance with prescribed standards;

    (n) ensure that the levels of ventilation, lighting, temperature, humidity, sound and vibration are in accordance with prescribed standards;

    (o) comply with any prescribed standards relating to fire safety and emergency measures;

    (p) ensure, in the prescribed manner, that employees have safe entry to, exit from and occupancy of the work place;

    (q) provide, in the prescribed manner, each employee with the information, instruction, training and supervision necessary to ensure their health and safety at work;

    (r) maintain all installed guards, guard-rails, barricades and fences in accordance with prescribed standards;

    (s) ensure that each employee is made aware of every known or foreseeable health or safety hazard in the area where the employee works;

    (t) ensure that the machinery, equipment and tools used by the employees in the course of their employment meet prescribed health , safety and ergonomic standards and are safe under all conditions of their intended use;

    (u) ensure that the work place, work spaces and procedures meet prescribed ergonomic standards;

    (v) adopt and implement prescribed safety codes and safety standards;

    (w) ensure that every person granted access to the work place by the employer is familiar with and uses in the prescribed circumstances and manner all prescribed safety materials, equipment, devices and clothing;

    (x) comply with every oral or written direction given to the employer by an appeals officer or a health and safety officer concerning the health and safety of employees;

    (y) ensure that the activities of every person granted access to the work place do not endanger the health and safety of employees;

    (z) ensure that employees who have supervisory or managerial responsibilities are adequately trained in health and safety and are informed of their responsibilities under this Part;

    (z.1) ensure that members of policy and work place committees and health and safety representatives are trained in health and safety, as prescribed, and informed of their responsibilities under this Part;

    (z.2) respond to reports made by employees under paragraph 126(1)(g);

    (z.3) develop, implement and monitor, in consultation with the policy and work place committees or the health and safety representative, prescribed programs for the prevention of hazards in the work place appropriate to the size of it and the nature of the hazards in the work place that also provide for the education of employees in health and safety matters;

    (z.4) consult the policy and work place committees or the health and safety representative to plan the implementation of changes that may affect occupational health and safety, including work processes and procedures;

    (z.5) consult the work place committee or the health and safety representative in the implementation of changes that may affect occupational health and safety, including work processes and procedures;

    (z.6) ensure the availability in the work place of premises, equipment and personnel for the use of policy and work place committees;

    (z.7) cooperate with the policy and work place committees or the health and safety representative in the execution of their duties under this Part;

    (z.8) develop health and safety policies and programs in consultation with the policy committee or, if there is no policy committee, with the work place committee or the health and safety representative;

    (z.9) respond in writing to recommendations made by policy and work place committees or the health and safety representative within thirty days after receiving them, indicating what, if any, action will be taken and when it will be taken;

    (z.10) provide a copy of any report on, or assessment of, hazards in the work place to the work place committee or the health and safety representative;

    (z.11) ensure that the work place committee or the health and safety representative carries out monthly inspections of parts of the work place so that the whole work place is inspected in the course of every year;

    (z.12) develop, implement and monitor, when necessary, programs for the provision of personal protective equipment or clothing, in consultation with, except in emergencies, the policy and work place committees or the health and safety representative;

    (z.13) take all reasonable care to ensure that all persons granted access to the work place, other than the employer's employees, are informed of every known or foreseeable health or safety hazard to which they are likely to be exposed in the work place;

    (z.14) meet with the health and safety representative as requested by the representative to address health and safety matters;

    (z.15) take the prescribed steps to prevent and protect against violence in the work place;

    (z.16) post and keep posted, in a conspicuous place or places where they are likely to come to the attention of employees, the names, work place telephone numbers and work locations of all the members of work place committees or of the health and safety representative, as the case may be; and

    (z.17) provide, within thirty days after receiving a request or as otherwise agreed with the party making the request, the information requested from an employer by a policy committee under paragraph 134.1(4)(h) or (i), by a work place committee under paragraph 135(6)(h) or (i) or by a health and safety representative under paragraph 136(5)(f) or (g).

Exception

(2) Paragraph (1)(z.16) does not apply to an employer who controls

    (a) a single work place where all the employees and the health and safety representative normally work at the same time and in the same location; or

    (b) a work place where only one employee is normally employed.